Perth mum Janet Kirby jailed over drunken crash that killed her daughter


‘Drinking game’ before fatal crash

Janet Kirby had a fatal car crash after playing a drinking game.

A mother who was drunkenly skylarking with a carload of teenagers before she crashed and her teenage daughter was thrown to her death from the boot has been sentenced to a four-and-a-half year jail term.

Janet Louise Kirby cried in the dock of the District Court this morning as Judge Linda Petrusa said her offending was egregious and the sentence had to send a message to the community that driving was a privilege and cars were a lethal weapon.

Supporters of the 48-year-old grandmother, who had been playing a drinking game with her 15-year-old daughter Lois before she got behind the wheel of the car and lost control on Marmion Avenue on March 14 last year, sobbed uncontrollably when the jail term was handed down.

“This event is a tragedy, but it is a tragedy which could have been avoided,” Judge Petrusa said.

“It is a serious example of dangerous driving.”

Kirby had a blood alcohol level of 0.110 – more than twice the legal limit – when she crashed as she was driving six passengers aged 15 to 20 to a party in Ridgewood.

Egged on by the teenagers, two of whom were travelling in the rear luggage compartment of the Jeep Cherokee without seats or belts, Kirby started tailgating a moped and swerving from one side of the road to the other in an attempt to scare the rider and his pillion passenger.

She then attempted to overtake the moped and lost control of the jeep, which crossed two lanes and landed on its roof.
Louis died from multiple injuries after she was thrown from the car and three other passengers were injured.

Judge Petrusa said she accepted that Kirby had no previous criminal record, posed a low risk of re-offending and was genuinely remorseful.

“There can be no greater deterrent sentence than the one you have imposed on yourself,” she said.

But Judge Petrusa said Lois’s death was also a loss to her father and siblings and the sentence had to send a message that driving was a privilege.

“Your inaccurate belief as to your level of intoxication and your desire to keep Lois smiling may explain your decision to drive, but it does not excuse it,” she said.

“The deliberate skylarking was so hazardous that your earlier failures seem almost minor in comparison.”

Kirby will be eligible to apply for parole after serving two-and-a-half years in jail and was also disqualified from driving for three years.


Perth mum Janet Kirby jailed over drunken Merriwa crash that killed teenage daughter

Updated about 5 hours ago

A Perth drunk driver who crashed her car after trying to scare a moped rider, killing her teenage daughter who was in the boot, and injuring three others, has been sentenced to four-and-a-half years in jail.

Janet Kirby, 48, was twice the legal alcohol limit when she lost control of her car in the northern suburb of Merriwa in March last year.

She had been playing drinking games with her daughter Lois, 15, before driving the teenager and four friends to a party in Perth’s northern suburbs.

However Kirby lost control of the vehicle after swerving across the road to try to scare the moped rider and his pillion passenger.

Lois, who with one other passenger was travelling unrestrained in the luggage compartment, was thrown from the vehicle on Marmion Avenue and died.

Police who attended the scene smelled alcohol on Kirby’s breath, and she later recorded a blood alcohol level of 0.11.

District Court Judge Linda Petrusa called the crash a “tragedy” but said it was “a tragedy that could have been avoided”.

“You failed in your responsibility at the first hurdle and compounded it by deliberately skylarking,” Judge Petrusa told Kirby.

She described Kirby’s actions as “deliberate” and a “grave breach of the standards” expected by drivers on the roads.

“As wretched as the death of Lois is … it cannot be forgotten your actions caused injuries to three others,” Judge Petrusa said.

“And you placed at risk the lives of … two others in the car and the two young people on the moped.”

Judge Petrusa said while she accepted Kirby was genuinely remorseful and suffering significant emotional pain, a message had to be sent to the community that driving was a “privilege” and motorists needed to take into account the safety of others.

Kirby will have to serve a minimum of two-and-a-half years behind bars before she can be released on parole.

From other news sites:

Tennis match-fixing: 40 games targeted by bookmakers during three-month period in 2015


More than 40 professional tennis matches were flagged for potential match-fixing by international bookmakers in just a three-month period last year — an average of more than three times a week.

Key points:

  • At least 20 players involved reported to world tennis authorities
  • Blacklist contains more than 350 names
  • Two players are low-ranked Australians
  • Third review for the sport in 11 years

The fixtures took place at tournaments in countries including Colombia, Morocco, Russia and Germany between September and November 2015, eight years after tennis first vowed to fight the scourge of corruption.

At least 20 of the players involved in those matches have been reported to world tennis authorities on previous occasions — a dozen of them were first flagged by integrity investigators as far back as 2008.

Explained: Andy Cunningham from sports integrity firm Sportradar demonstrates how monitoring betting odds can identify suspicions of a match fix

Several of the players also appear on a separate blacklist obtained as part of a Four Corners investigation into match-fixing and the underworld figures who control bookmaking across Asia.

The blacklist is maintained by a European bookmaker of tennis professionals not trusted to always play to win.

The list contains more than 350 names, including at least 10 who played at this year’s Australian Open.

Two of the players on the list are low-ranked Australians, but the majority hail from developing economies in South America, Asia and Eastern Europe, where integrity measures in the sport are at their weakest. Four Corners has provided the list to tennis authorities.

The revelations come five days after the heads of each major tennis governing body — the Association of Tennis Professionals, the International Tennis Federation, the Grand Slam Board and the Women’s Tennis Association — announced a review of the sports integrity regime by a London barrister, Adam Lewis QC.

The investigation was prompted by news reports out of London that linked top-ranked players to corruption in the sport, prompting a global furore and overshadowing the first grand slam on the tennis calendar, the Australian Open.

The review will be the third for the sport in 11 years.

Four Corners has interviewed those who conducted the previous two reviews, all of whom say the sports’ governing bodies are facing a growing problem with matches fixed every single week somewhere across the world.

Do you know more about this story? Email besser.linton@abc.net.au

Tennis buried report warning of ‘deliberate underperformance’

The first major warning was given to tennis by the man who would go on to become Australia’s anti-doping chief, Richard Ings.

As an ATP executive, he produced a scathing report in November 2005 that was meant to have been made public.

The Ings report warned tennis it was “an alarming wake-up call for the sport of men’s professional tennis and its governing bodies”.

“Deliberate underperformance by players and ensuing gambling and alleged corruption that results from such deliberate underperformance, appear to pervade all levels of the men’s professional game today,” the report stated.

Mr Ings recommended the establishment of a uniform anti-corruption code and an integrity unit to more fully investigate 37 matches that were highly suspicious.

But tennis buried the Ings report and did not act on either recommendation until a major scandal years two later.

The controversy centred on a match in Poland in 2007 involving then world’s fourth-best player, Nikolay Davydenko, after Britain’s betting exchange, Betfair, voided all bets on the match.

Although there was ultimately insufficient evidence to make a finding against the Russian, the team investigating that match also discovered damaging evidence about a far wider corruption problem.

This time the investigators identified another 44 matches that required urgent investigation and potential sanction against several key players.

Instead, tennis authorities set up a minimal integrity regime and decided not to go after the players involved, citing a new player code that would not be applied retrospectively.

‘There is still a huge question mark over integrity’

Mark Phillips, a betting analyst from Global Sports Integrity, was one of the investigators involved in the 2007/8 probe.

Bookmakers’ blacklist


One of the players embroiled in a feared match-fixing controversy at the Australian Open, David Marrero, has appeared on a secret blacklist of professional tennis players who have played in matches bookmakers deemed to be suspicious.

He told Four Corners he believed that had tennis followed up with their investigation it would have been able to root out the core people corrupting other players.

“We actually did a presentation, showed various parts of the investigation that we had done and then physically handed over data files and actual ring binders of evidence that we had collected,” he said.

“We were pretty experienced at investigating these types of matters and we believed the evidence to be very strong.”

One of the heads of the review, Ben Gunn, said tennis at the time was at a “cross roads”.

“I think it’s disappointing eight years later, having had two reviews eight years later, that it appears there is still a huge question mark over the integrity of some tennis games,” he said.

Bad Sport, a Four Corners investigation, can be seen at 8:30pm on ABC TV.

Tennis match-fixing scandal: How it unfolded

Updated Wed at 2:44pm

Tennis has ordered an investigation into its anti-corruption unit after it was left reeling by reports of match-fixing.

Here is how the story rapidly unfolded from when it first broke on January 18 to the announcement of the independent review panel on January 27.

Investigation reportedly uncovers evidence of match-fixing by core group of 16 players

January 18, 2016

BuzzFeed News and the BBC reveal details of a probe which found 16 players had lost games when suspicious bets were placed against them.

A US Open champion and doubles winners at Wimbledon were among the core group, while one top-50 ranked player competing in the Australian Open is suspected of repeatedly fixing his first set;

Players were reportedly targeted in hotel rooms and offered $73,100 or more per fix.

The report looked at analysis of betting on 26,000 tennis matches and contained evidence of suspected match-fixing by gambling syndicates based in Russia and Italy uncovered as a result of an investigation in 2008, but over which no action had been taken.

ATP ‘absolutely rejects’ claims evidence of match-fixing has been suppressed

January 18, 2016

The president of the Association of Tennis Professionals (ATP) says the governing body “absolutely rejects” that evidence of match-fixing in the sport has been suppressed or overlooked.

“The Tennis Integrity Unit (TIU) and the tennis authorities absolutely reject any suggestion that evidence of match fixing has been suppressed for any reason or isn’t being thoroughly investigated,” said Chris Kermode at a press conference at Melbourne Park.

Tennis’s big names react to the allegations

January 20, 2016

With the allegations emerging as 2016’s first major got underway, high-profile players were immediately put on the spot by the media. Aussie young gun Thanasi Kokkinakis was one of the first to speak, admitting he had been approached by “randoms” on social media to fix matches.

Men’s world number one Novak Djokovic fronted the press, dismissing a report in an international newspaper that he “wanted to lose” a match in 2007 and saying he felt terrible when he has been asked to fix a match in 2006, while retiring Australian great Lleyton Hewitt also went on the offensive after a blog linked him to the list of 16 names.

Novak Djokovic: “Speculation”

What it is to say?

Anybody can create a story about any match.

That’s my point. There hasn’t been too many matches where top players lost in last decade or so in early rounds. You can pick any match that you like that the top player lost and just create a story out of it.

I think it’s not supported by any kind of proof, any evidence, any facts. It’s just speculation. So I don’t think there is a story about it.

This is now the main story in tennis, in [the] sports world, there’s going to be a lot of allegations.

Andy Murray: “More transparent”

If there is corruption in any sport, you know, you want to hear about it.

As a player you just want to be made aware of everything that’s going on. I think we deserve to know everything that’s sort of out there.

Some of it will be true, some of it might not be true. But I’m always very curious with that stuff across really all sports, as well. I think sports could in general be much, much more transparent.

Roger Federer: “Names”

I would love to hear names.

Then at least it’s concrete stuff and you can actually debate about it. Was it the player? Was it the support team? Who was it? Was it before? Was it a doubles player, a singles player? Which slam?

It’s super serious and it’s super important to maintain the integrity of our sport.

So how high up does it go? The higher it goes, the more surprised I would be.

Lleyton Hewitt: “Absurd”

I think it’s a joke to deal with it. Obviously, there’s no possible way. I know my name’s now been thrown into it.

I don’t think anyone here would think that I’ve done anything (like) corruption or match-fixing. It’s just absurd.

For anyone that tries to go any further with it, then good luck. Take me on with it.

Yeah, it’s disappointing. I think throwing my name out there with it makes the whole thing an absolute farce.

Online bookmakers suspend betting on a mixed doubles match at the Australian Open

January 24, 2016

Betting agency Pinnacle Sports received large bets from a small number of people on Sunday’s doubles match between Czech Republic’s Andrea Hlavackova and Poland’s Lukasz Kubot and Spain’s Lara Arruabarrena and David Marrero.

The agency said it was unusual for such large bets to be placed on minor matches. It was later revealed at least 19 other bookmakers including Ladbrokes also cancelled their betting markets on the match, according to historical betting data available online.

Hlavackova and Kubot won the match 6-0, 6-3 in 49 minutes, with the New York times reporting on Monday that the unusual betting patterns on the match had led Pinnacle Sports to suspend markets 13 hours before the scheduled start.

Spanish doubles player Marrero appears on blacklist of players who bookmakers deem suspicious

January 25, 2016

A secret bookmakers’ blacklist of tennis players is handed over to authorities, with ABC’s Four Corners revealing Marrero’s name is featured in the document.

The list is maintained by one of Europe’s biggest bookmakers.

The development comes after the president of the International Tennis Federation, David Haggerty, told Four Corners: “Players at all levels are vulnerable to corruption.”

Tennis announces independent review into the effectiveness of tennis’s anti-corruption program

January 27, 2016

Adam Lewis QC is appointed to lead an independent review panel to report on the appropriateness and effectiveness of the Tennis Anit-Corruption Program, aimed at safeguarding the integrity of the game.

The chairmen and chief executives of tennis’s governing bodies, the ATP, WTA, ITF and Grand Slam Board, commit to fund and implement all actions recommended by the panel.

 

Mitchell Pearce-Another NRL moron and deviant loser who can have no excuses


NRL star Pearce filmed simulating lewd act with dog on Australia Day
20:51 AEDT WED 27 JAN 2016

Mitchell Pearce was asked to leave the apartment after stimulating a sex act with a dog.
ABC licensed

New South Wales State of Origin player and Sydney Roosters captain Mitchell Pearce’s immediate playing future is in jeopardy after he was filmed in an apparent alcohol-fuelled incident on Australia Day.

Key points:

Mitchell Pearce filmed simulating lewd act with dog
Also tried to kiss girl before being asked to leave
NRL asks Sydney Roosters for report into incident
Grandstand’s Andrew Moore “sick to death of drunken bums”
A video showing Pearce engaging in a lewd act involving a dog has aired on the Nine Network.

Pearce, in a seemingly intoxicated state, can be seen in the video forcing an unwanted kiss on a female, who tries to reject his advances.

He then turns his attention to the woman’s dog, announcing: “I’ll f*** that dog, I don’t give a f***, I don’t have a sexuality.”

The 26-year-old, who was shirtless but wearing shorts, is then seen to simulate sex with the dog.

The woman tells him to stop but Pearce continues to simulate sex before the woman takes the dog away and tells him to leave.

The woman also suggests that Pearce urinated on her couch.

“Get out. Out. Out,” she is heard saying.

The NRL has asked the Roosters for a report into the incident after the club advised the league about the matter.

“The [NRL] integrity unit will work with the Roosters to ensure the matter is dealt with appropriately,” an NRL statement read.

The Roosters confirmed they would also launch their own investigation.

“The club will conduct an internal investigation and will be making no further comment at this time,” a statement read.

Grandstand’s Moore ‘sick to death of drunken bums’

ABC Grandstand’s senior rugby league commentator Andrew Moore said the sport had again been tarnished as a result of the latest incident involving Pearce.

“I’ve earned my living out of rugby league for many years,” he said.

If [this] is what drunken boys do, well, we’ve got a bigger problem across society than I ever imagined. It’s not what people do.

Grandstand NRL commentator Andrew Moore
“I’m sick to death of idiotic drunken bums ruining the reputation of this great sport, year in, year out. It is only one or two of them, it doesn’t matter.

“It is one or two too many constantly.”

Pearce, whose father Wayne is an Australian Rugby League commissioner and a former New South Wales State of Origin captain, has previously been involved in off-field incidents that made headlines.

He was fined $20,000 and stood down from an NRL match in 2014 following his role in an incident involving a female patron in a Kings Cross nightclub.

That incident also cost Pearce his spot in the Blues’ line-up for State of Origin I that year.

External Link: nrl tweet on pearce
Moore said Pearce had previously been warned to stay away from alcohol.

“He has had issues with the drink for far too long and won’t address it,” he said.

“His father is someone I’ve known for two decades or more, one of the ultimate cleanskins of rugby league and someone who is on the board of the ARL Commission.”

Moore said there was no excuse for Pearce’s behaviour.

“I’ve seen it on social media, ‘Isn’t this what drunken boys do?’ Well no, it’s not,” he said.

“And if it is what drunken boys do, well, we’ve got a bigger problem across society than I ever imagined.

“It’s not what people do.”

Should Pearce’s contract be terminated by the Roosters, it would not be the first occasion a club has severed ties with a player because of off-field incidents.

Canberra, the Roosters and Cronulla each parted ways with Todd Carney during his NRL career, with the Sharks sacking the playmaker in 2014 after a photo emerged on social media of him appearing to urinate into his mouth.

Joel Monaghan quit the Raiders before he could be sacked after a photo was published on Twitter of the former Australia and New South Wales representative simulating a lewd act with a dog in 2010

Paris attacks: Scenes of devastation in the French capital


It is wake up time people. Have the media laws kept you just that little bit away from the slaughter, the suicide bombings and massacre of innocent folks going about their day?
WELL… BE WARNED I AM POSTING AN EXTREMELY DISTURBING IMAGE OF THE CONCERT HALL BECAUSE I CAN! I hope the BEST bands in the WORLD have the guts to play in this hall and not for rich celeb types either. Maybe the orphans and widows etc???
HOW ABOUT A QUICK COFFEE AND CAKE? see that a bit further down…THE AMAZING thing is folks are queuing up to have a coffee there since it happened.
FRANCE ONE DAY YOUR PLACE NEXT. GOING TO LISTEN TO SOME MUSIC AND CHILL OUT FROM THE CRAZY WORLD AROUND THEM. THIS IS HOW THE ENDED UP AFTER GOING TO SEE Eagles of Death Metal  (Who need support from every corner of the world)
Dying to see a band

Dying to see a band

+ Add New Category

La Belle Equipe

La Belle Equipe

Related Story: As it happened: At least 120 people killed in multiple Paris attacks

Related Story: Coordinated terror attacks leave France in shock
Related Story: Information for paris bombing map

About 120 people have been killed in multiple terrorist attacks in the French capital, including about 100 who were taken hostage at a rock concert, according to Paris city officials.

Here is a collection of images and footage from Paris as the situation unfolds.

Paris attacks: Weapons seized during pre-dawn raids, French PM warns more attacks being planned

French police seized “an arsenal” of weapons during dozens of pre-dawn raids against Islamist suspects in the early hours of Monday (local time), as prime minister Manuel Valls warned terrorists were planning more attacks in the wake of Friday night’s atrocities in Paris.

The raids focused particularly on the Lyon area, where police made five arrests and seized a rocket launcher, a Kalashnikov assault rifle, bulletproof vests and handguns.

Mr Valls said authorities have conducted at least 150 house searches in cities around France since the attacks.

Earlier reports had said pre-dawn police operations were carried out in the Paris suburb of Bobigny as well as in Jeumont, close to the French border with Belgium, and in the southern city of Toulouse.

Thirteen raids were carried out around the south-eastern French city of Lyon, a local police source said.

They led to five arrests and the seizure of “an arsenal of weapons”, including a rocket launcher, a Kalashnikov assault rifle, bulletproof vests, handguns and combat gear, the source said.

French media have reported at least six people were arrested in another raid in the Alpine city of Grenoble.

Mr Valls said terrorism could hit again in “in days or weeks to come” and said the attacks in Paris, which killed 129 people, were “planned in Syria”.

He said French intelligence services had prevented several attacks since the summer and police knew other attacks were being prepared in France as well as in the rest of Europe.

“We are making use of the legal framework of the state of emergency to question people who are part of the radical jihadist movement … and all those who advocate hate of the republic,” he said.

“We know that operations were being prepared and are still being prepared, not only against France but other European countries too.”

On Sunday night (local time) French jets launched extensive air strikes on what the government in Paris said were Islamic State targets in the terrorist movement’s stronghold Raqqa.

Prosecutors earlier revealed a growing Belgian connection to the Paris attacks, with officials conceding a poor district in Brussels with past links to international terrorism is a “gigantic problem” and a hotbed for extremism.

A manhunt is also underway for Salah Abdeslam, a Belgium-born man identified as the only surviving terrorist from the attacks.

Seven UK terror attacks ‘stopped’ in last six months: Cameron

British prime minister David Cameron said UK security services had foiled about seven terror attacks since June.

“Our security and intelligence services have stopped something like seven attacks in the last six months, albeit attacks planned on a smaller scale [than Paris attacks],” he told BBC Radio 4.

“We have been aware of these cells operating in Syria that are radicalising people in our own countries, potentially sending people back to carry out attacks.

“It was the sort of thing we were warned about.”

In response to the Paris attacks, Mr Cameron said he wanted Britain to join the fight in Syria to carry out air strikes against Islamic State (IS) militants.

He will still need to convince more lawmakers to launch any action and will take a proposal to MPs soon.

Mr Cameron said Britain was engaged in a “generational struggle” against extremism and that he has boosted funding for security services in direct response to the threat posed by IS.

He also said there were “hopeful signs” from Saturday’s talks in Vienna on Syria that progress was being made on how to deal with the IS.

“You can’t deal with so-called Islamic State unless you get a political settlement in Syria that enables you then to permanently degrade and destroy that organisation,” he said.

ABC/wires


Paris attacks: What we know so far

A series of coordinated terrorist attacks ripped through Paris shortly after 9pm on Friday November 13. Here is what we know so far.

What we know about the attacks

What we know about the attackers

  • At least eight attackers were involved, operating in three separate groups.
  • Seven of them died, including six who detonated vests laden with explosives.
  • An international manhunt is underway for Belgian-born Salah Abdeslam, who is believed to be the eighth attacker.
    • Abdeslam, 26, was questioned and released near the Belgian border soon after the attacks.
    • One of his brothers, Ibrahim Abdeslam, was involved in the attacks; he died after detonating his suicide vest on Boulevard Voltaire.
    • Another brother, Mohamed Abdeslam, was arrested in Brussels.
  • Another attacker was named as Omar Ismail Mostefai, 29, who was identified from a severed finger at the Bataclan concert hall.
  • Islamic State claimed responsibility for the attacks, saying they were in response to insults of Islam’s prophet and air strikes in IS territory.

What we know about the investigation

What we know about France’s response

  • French president Francois Hollande told the French people “we are going to fight and our fight will be merciless”.
  • France launched air strikes against IS militants in Syria.

    bbc.com

    Paris attacks: Bataclan and other assaults leave many dead – BBC News

     People could be seen escaping from the Bataclan concert hall shortly after a series of explosions

    France has declared a national state of emergency and tightened borders after at least 128 people were killed in a night of gun and bomb attacks in Paris.

    Eighty people were reported killed after gunmen burst into the Bataclan concert hall and took hostages before security forces stormed the hall.

    People were shot dead at restaurants and bars at five other sites in Paris. At least 180 people were injured.

    These are the deadliest attacks in Europe since the 2004 Madrid bombings.

    French President Francois Hollande, visibly shaken, called Friday night’s almost simultaneous attacks “a horror” and vowed to wage a “merciless” fight against terrorism.

    Paris saw three days of attacks in early January, when Islamist gunmen murdered 18 people after attacking satirical magazine Charlie Hebdo, a Jewish supermarket and a policewoman on patrol.

    Live: Follow the latest developments here

    In pictures: Paris shootings

    Eyewitness accounts from the scene

    The attack on the 1,500-seat Bataclan hall was by far the deadliest of Friday night’s attacks. Gunmen opened fire on concert-goers watching US rock group Eagles of Death Metal. The event had been sold out.

    “At first we thought it was part of the show but we quickly understood,” Pierre Janaszak, a radio presenter, told Agence France Presse.

    Speaking outside the Bataclan concert hall President Hollande said the attacks were “an abomination and a barbaric act”

    “They didn’t stop firing. There was blood everywhere, corpses everywhere. We heard screaming. Everyone was trying to flee.”

    He said the gunmen took 20 hostages, and he heard one of them tell their captives: “It’s the fault of Hollande, it’s the fault of your president, he should not have intervened in Syria”.

    Within an hour, security forces had stormed the concert hall and all four attackers there were dead. Three had blown themselves up and a fourth was shot dead by police.


    Attack sites:

    La Belle Equipe, 92 rue de Charonne, 11th district – at least 19 dead in gun attacks

    Le Carillon bar and Le Petit Cambodge restaurant at rue Alibert, 10th district – at least 12 dead in gun attacks

    La Casa Nostra restaurant, 92 rue de la Fontaine au Roi, 11th district – at least 5 dead in gun attacks

    Stade de France, St Denis, just north of Paris – explosions heard outside venue, three attackers dead

    Bataclan concert venue, 50 boulevard Voltaire, 11th district – stormed by several gunmen, at least 80 dead

    map of attack sites

    The attacks took place at six sites across Paris, mainly in the centre of the city

    What we know

    #Paris: Power, horror, and lies


    Meanwhile, not far from the Place de la Republique and the Place de la Bastille, three busy restaurants and a bar were targeted by gunmen armed with Kalashnikovs.

    Around 40 people were killed as customers were singled out at venues including a pizza restaurant and a Cambodian restaurant, Le Petit Cambodge.

    “We heard the sound of guns, 30-second bursts. It was endless. We thought it was fireworks,” Pierre Montfort, a resident living close to Le Petit Cambodge said.

    Media captionAmateur footage captured the panic at the Stade de France in Paris, following a reported suicide blast

    The other target was the Stade de France, on the northern fringe of Paris, where President Hollande and 80,000 other spectators were watching a friendly international between France and Germany, with a TV audience of millions more.

    The president was whisked to safety after the first of at least two explosions just outside the venue to convene an emergency cabinet meeting. Three attackers were reportedly killed there.

    As the extent of the bloodshed became clear, Mr Hollande went on national TV to announce a state of emergency for the first time in France since 2005. The decree enables the authorities to close public places and impose curfews and restrictions on the movement of traffic and people.

     Ben Grant: “There were a lot of dead people… it was horrific”

    Paris residents have been asked to stay indoors and about 1,500 military personnel are being deployed across the city.

    All schools, museums, libraries, gyms, swimming pools and markets will be shut on Saturday as well as Disneyland Paris. All sporting fixtures in the affected area of Paris have also been cancelled, AFP reports.

    Police believe all of the gunmen are dead – seven killed themselves with explosives vests and one was shot dead by the security forces – but it is unclear if any accomplices are still on the run.

    US President Barack Obama spoke of “an outrageous attempt to terrorise innocent civilians”.

    UK PM David Cameron said he was shocked and pledged to do “whatever we can to help”.

    The Vatican called it “an attack on peace for all humanity” and said “a decisive, supportive response” was needed “on the part of all of us as we counter the spread of homicidal hatred in all its forms”.

    Spectators invade the pitch of the Stade de France stadium after the international friendly soccer France against Germany  

    Spectators flooded the pitch of the Stade de France after the France v Germany football match as news of the attacks spread
    Rescuers evacuate people following an attack in the 10th arrondissement of the French capital Paris  

    Rescuers evacuate people following one of the attacks
    General view of the scene with rescue service personnel  

    Witnesses have been speaking of “carnage”

    Analysis: BBC’s Europe correspondent Damian Grammaticas

    It’s just 10 months since Paris was the scene of multiple terrorist attacks, first the massacre of staff at the satirical magazine Charlie Hebdo and then a hostage-taking at a Jewish supermarket.

    What happened in Paris on Friday night is exactly what Europe’s security services have long feared, and tried to foil. Simultaneous, rolling attacks, with automatic weapons and suicide bombers in the heart of a major European city, targeting multiple, crowded public locations.

    The tactics have been used before, in Mumbai and elsewhere. But how they’ve come to Europe is one of many questions that will have to be answered.

    Were the attackers French citizens? If so, how they were radicalised, armed and organised – was it in France, in Syria, and by whom? Why weren’t they detected? Is France, after two major attacks this year, uniquely vulnerable or does the carnage in Paris mean all of Europe faces new threats to our public places and events? And if a Syrian link is proven, will France recoil from that conflict or will it redouble its commitment to the fight against radical groups there?


    Are you in the area? Have you been affected by what has been happening? Do you have any information you can share? If it is safe to do so, you can get in touch by emailing haveyoursay@bbc.co.uk.

    Please include a contact number if you are willing to speak to a BBC journalist. You can also contact us in the following ways:

    • WhatsApp: +44 7525 900971
    • Send pictures/video to yourpics@bbc.co.uk
    • Upload your pictures / video here
    • Tweet: @BBC_HaveYourSay
    • Send an SMS or MMS to +44 7624 800 100

      Paris attackers most likely backed and trained by Islamic State in Iraq or Syria, says security expert

      Posted about an hour ago

      A security expert says it is “extremely unlikely” that the eight men who carried out the Paris attacks could have done so without military training in Iraq or Syria.

      The latest reports out of France suggest there were three teams involved in the weekend’s attacks that left 129 people dead.

      Neil Fergus, the chief executive of the security consultancy Intelligent Risk Group, said it appeared the terrorists had a significant support team.

      “There’s no doubt that they… certainly had accomplices that had done reconnoitring of those sites, and that means they had logisticians, transport people, they undoubtedly had a safe house, or indeed, multiple safe houses, people who procured the motor vehicles,” he said.

      “They had to have transported weapons, not just side-arms of course.

      “We know that they had Kalashnikovs, AK-47 long-arms, explosives, TATP explosives themselves have to be transported carefully and of course they were constructed into suicide vests or belts either before being sent to France, or Belgium and then to France, or in France.”

      Mr Fergus is certain the terrorists were trained by Islamic State in the Middle East, either in Iraq or Syria.

      “There have been improvised training camps in France that the French authorities have detected before, but this type of operation, these types of activities in which these eight perpetrators were involved evidence a great deal more sophistication in terms of training and experience,” he said.

      “For example we have eyewitness accounts of the way that they went about their evil business in the theatre, with one person providing very professional cover of the main assailant as he systematically executed people in that theatre.”

      He said the type of operation suggested a great deal of sophistication in terms of training and experience.

      What modus operandi was used to be able to plan and execute this operation in this way? It has implications for (Australia), and we need to study it carefully.

      Neil Fergus, chief executive of the Intelligent Risk Group

      “It’s not ad hoc training in a forest firing at some targets.

      “That’s people who have gone through proper military training, and indeed, as I said before, almost certainly, to do that sort of callous cold-blooded operation, they have been blooded in the fields of Syria or northern Iraq.”

      Mr Fergus said it was impossible to be certain, but knowing the very hierarchical, compartmentalised structure of IS, the operation was almost certainly authorised by Islamic State’s senior leadership group in the Middle East.

      “It would be almost inconceivable to think that a local cell would be able to gather all of the resources and capabilities, some of which are clearly from offshore, outside of France, to put this together,” he said.

      Security lessons for Australia

      Mr Fergus said the attack’s success pointed to a failure of intelligence in France.

      “What is incredible is that an attack, or a set of attacks of this nature and this complexity, were planned and executed without intelligence services in the region, or indeed in Europe, getting apparently any inkling, any indication that such a scale of operation would be in prospect,” he said.

      “The more people that are involved in an operation, the more likely that intelligence services will detect something is afoot.”

      Mr Fergus said there were security lessons Australia can learn from the attack.

      “I have no doubt that the senior security authorities in Australia, including Duncan Lewis, director-general of ASIO, will be keenly looking to French liaisons to understand their post-event analyses, particularly on whether there had been intelligence that had been missed, or indeed whether the perpetrators have exercised a heightened level of security to such an extent that they did slip under the radar.

      “And that has some implications not just for Australia but for the rest of the civilised world.

      “What modus operandi was used to be able to plan and execute this operation in this way?

      “It has implications for us, and we need to study it carefully.”

      Topics: terrorism, unrest-conflict-and-war, security-intelligence, defence-and-national-security, france, syrian-arab-republic, iraq

Andrew Johns is a disgrace and an embarrassment. He has proven so time and time again!


ANDREW Johns ‘passed out’ at Toowoomba airport.

ANDREW Johns ‘passed out’ at Toowoomba airport.

Some things (ungrateful millionaire ex player and media star)  DO NOT CHANGE

How long does the old boys club protect and support tools like him? There are too many better deserving to be in the spotlight than the likes of Andrew Johns.

Channel Nine dumps Andrew Johns from grand final day broadcast following drunken airport incident

Michael Carayannis and Michael Chammas

Channel Nine stands down Andrew Johns from Sunday’s NRL grand final broadcast following an intoxicated incident at Toowoomba airport on Friday night.

Channel Nine has stood down Andrew Johns from Sunday’s grand final broadcast following the intoxicated incident at Toowoomba airport on Friday night.

Johns, a regular member of Channel Nine’s Sunday Footy Show, wasn’t included on the panel leading into the grand final coverage on Sunday.

Bad form: The Facebook post of Andrew Johns asleep in Toowoomba Airport with a comment by the poster.

Bad form: The Facebook post of Andrew Johns asleep in Toowoomba Airport with a comment by the poster. Photo: Facebook / Helen Wright

He has also been told he will not be part of the broadcast of the all-Queensland grand final between the Brisbane Broncos and North Queensland Cowboys at ANZ Stadium.

It couldn’t have come at a worse time for the former Newcastle halfback, who is deep in negotiations with Fox Sports about joining his brother Matthew at the pay TV network.

It also comes a fortnight after fellow Channel Nine rugby league commentator Brett Finch checked himself into rehabilitation following a stint back in April.

It comes after Johns was accused of “disgusting and disgraceful” behaviour, photographed lying on the floor at Toowoomba’s Wellcamp airport on Friday night after allegedly propositioning a married woman, who labelled Johns’ behaviour “a very bad example”.

Helen Wright, who later received an apology from the rugby league immortal, detailed Johns’ behaviour on Facebook, saying: “I wish that football commentators [had] more pride and a much higher standard of behaviour in public”.

“This is not an example that should be presented to children that were present! Many of the children had taken photos of him passed out. My own sons have played football all their lives and we love the game. But not this aspect of the game. Regards Helen Wright.”


Andrew Johns apologises for ‘disgraceful’ behaviour at airport – after getting ‘drunk and making sexually explicit comments to a mum of three before passing out’

  • NRL immortal Andrew Johns has been accused of drunk behaviour
  • The formal NRL player allegedly passed out at Toowoomba airport
  • Helen Wright shared a photo of Johns on the floor on social media 
  • The mother-of-three claims he tried to kiss her and made a lewd comment
  • Ms Wright told Daily Mail Australia he has already called to apologise 

By Lucy Thackray for Daily Mail Australia

22:30 EST, 3 October 2015

A woman has accused former NRL player Andrew Johns of ‘disgusting behaviour’, alleging he was drunk and disorderly at an airport and tried to kiss her before passing out on the floor.

A photo of the NRL immortal allegedly lying ‘passed out’ on the floor of Toowomba’s Brisbane West Wellcamp Airport went viral on Saturday morning when Queensland woman Helen Wright posted it on social media.

‘Andrew Johns was absolutely disgusting. He was severely intoxicated,’ wrote Ms Wright, describing the alleged incident, said to have taken place on Queensland’ east coast on Friday night.

The mother-of-three tells Daily Mail Australia Mr Johns made contact with her on Saturday, ringing to apologise if his behaviour had offended her.

The 42-year-old says while waiting for a delayed flight, Johns tried to kiss her and made a lewd comment when she refused.

A photo of the NRL immortal allegedly lying ‘passed out’ on the floor of Toowomba’s Brisbane West Wellcamp Airport went viral on Saturday morning when Queensland woman Helen Wright posted it on social media

‘Andrew Johns was absolutely disgusting. He was severely intoxicated,’ wrote Ms Wright, describing the alleged incident, said to have taken place on Queensland’ east coast on Friday night

‘When I refused to kiss him and replied I was happily married and had three sons his question to me was “did you have a cesarean birth?’

‘Disgusting, disgraceful and a very bad example for all to see.

‘Then he proceeded to pass out on the floor of the airport,’ she alleges.

Ms Wright claims many young children were present and some even took photos of the recently separated commentator while he was ‘passed out’ on the floor.

Ms Wright claims many young children were present and some even took photos of the recently separated commentator while he was ‘passed out’ on the floor

She is calling for NRL identities to be better role models, particularly for the children who look up to them.

‘I wish that football commentators have more pride and a much higher standard of behaviour in public,’ Ms Wright posted.

‘This is not an example that should have been presented to children that were present!’

‘My own sons have played football all their lives and we love the game.

‘But not this aspect of the game.’

Daily Mail Australia made numerous attempts to contact Andrews Johns’ management.

Channel Nine declined to comment.

The all Queensland NRL grand final will be held in Sydney on Sunday night.

She is calling for NRL identities to be better role models, particularly for the children who look up to them


Problem after problem after problem

Ecstasy use controversy

On 26 August 2007 Johns was arrested for fare evasion on the London Underground, and subsequently found to be in possession of one ecstasy tablet. He was cautioned and released with no further charges. Johns initially claimed that an unknown person had pushed the tablet into his pocket which he later forgot to remove before leaving the crowded venue. This initial statement was met with a great deal of cynicism from both the press and the public. On 30 August, Johns revealed, live on the Footy Show, that he had regularly taken ecstasy throughout his playing career, mainly during the off-season. He claimed he had suffered from depression and bipolar disorder and the drugs helped him in dealing with the high level of psychological ‘pressure’ associated with his career as an elite sportsman Not long after the incident he released his ‘tell-all’ autobiography that went into further details regarding his depression and drug use while playing in the NRL.

The ARU released a press statement shortly after the controversy arose, stating that Johns’ drug use was known to the ARU and was a key factor in its decision to not proceed with contractual negotiations in 2004. Brett Robinson, then high-performance unit manager, said that, as well as Johns’ age and injury history, the knowledge of his drug taking had been influential in the ARU making its final decision.

When Johns was named the Best Player of the Last 30 Years in early 2008, the accolade allayed concern that Johns’ shock drug admission the year before had tarnished his remarkable efforts on the field for Newcastle, NSW and Australia. On receiving the award he was quoted as saying his health was now in great shape. “I’m at the best place I have been in a long time,” he said. “It’s not until you step away that I realise all the pressure I was under, I’m not going to miss playing at all.”
Racism controversy

In June 2010 during the lead-up to Origin II, New South Wales centre Timana Tahu withdrew mid-week from the NSW squad following reports Johns referred to Queensland player Greg Inglis as a “black cunt” during a training session.Johns was subsequently fired from his role as NSW assistant coach. Though he apologised for the incident on Tuesday 15 June,it is alleged it was not the first time Johns had used racist language in a football environment. Inglis has since demanded Johns be barred from any involvement in rugby league.

More Joyous Scandal

Johns was the catalyst to the More Joyous Scandal, engulfing leading Sydney horse trainer Gai Waterhouse, larrikin advertising figure John Singleton (racehorse More Joyous’s owner) and bookmaker and son of the horse trainer Tom Waterhouse. Johns passed information from Tom Waterhouse that horse More Joyous was “off” on to brothel owner Eddie Hayson and former jockey Allan Robinson. Singleton received word of this and, while visibly inebriated, verbally attacked Gai Waterhouse on live television. Johns feared his Channel 9 commentating career would be over due to the trouble he caused Tom Waterhouse, a Channel 9 advertiser. Johns’s commentating career survived, although his reputation was further damaged. Both Waterhouses were cleared of any major wrongdoing by a Racing NSW inquiry, however, Singleton and Gai’s longstanding partnership ended.



7-Eleven management vow to fully refund all exploited workers (Really? let’s see)


Senior 7-Eleven management have apologised “unreservedly” to exploited workers and vowed to fully refund underpaid staff, even if they are now overseas.

A Senate Committee held a special public hearing in Melbourne to examine the exploitation of workers at the chain store, as part of an inquiry into Australia’s temporary work visa program.

The convenience stores have come under scrutiny following an ABC Four Corners investigation which revealed the company was systematically paying its workers about half the minimum wage.

Many of the staff were foreigners who were being forced to work in contravention of their visa conditions.

The inquiry today heard the underpaying of staff in the convenience store chain was systemic and had been happening for decades.

7-Eleven Australian chairman Russell Withers admitted the behaviour was abhorrent.

“I want to stress that this has been highly embarrassing and I apologise unreservedly to any worker that has worked in a 7-Eleven store who has not been paid correctly,” he said.

New methods of staff exploitation were revealed during the inquiry, including some franchise owners who charged workers tens of thousands of dollars to secure a working visa.

Mohammed Rashid Ullat Thodi lost his job as a result of speaking out about the pay scam.

He told the inquiry some store owners had charged workers $30,000 to $70,000 to sponsor them on a visa.

“While it could be either an arrangement of taking the money off their pay, like if you work this many hours you could get this many pay,” he said.

He said the money went straight to the franchise owners.

Mr Withers maintained rogue franchisees were the cause of the problem.

“It is simply not in our knowledge whether the franchisee employee has been underpaid or not,” he told the inquiry. This prick has built his empire on this very lie!!!

But during the inquiry consumer advocate Michael Fraser, who said he alerted 7-Eleven to the problem in 2012, questioned how senior management did not know of the problem.

“How does an Indian in Melbourne, an Indian franchisee and a Pakistani franchisee in Sydney, and a Chinese franchisee in Brisbane, how do they all know the same scam?” Mr Fraser asked during the inquiry.

“How is it possible that me with no budget can stumble on such a big wage scandal buying a loaf of bread yet head office with all their oversight find no systemic problem?”

7-Eleven said it should know next month how many of its 620 franchisees underpaid their staff.

Calls for workers to be given visa amnesty

Tens of thousands of workers have potentially been affected. Most are on visas restricting their working time to 20 hours per week.

Many have been forced to work 40 hours, but paid for only 20.

Complaints were met with threats that they would be reported for breaching their visas.

It has led to calls from lawyers that anyone who has breached their visa conditions while working for 7-Eleven be given an amnesty.

The Greens member for the seat of Melbourne, Adam Bandt, said it was crucial the workers were able to give evidence free of any threat of deportation.

“Something is wrong in Australia where the head of 7-Eleven is a millionaire if not a billionaire and the people who are working in 7-Eleven stores are getting paid for only half of the hours they work and threatened with deportation back to their home country if they complain,” he said.

“We’ve heard from many, many people now that they want to complain, to be paid the fair Australian minimum wage, but they’re told that if they do it, they’ll be reported to the Immigration Department and deported.

“Now that’s not fair.

“These people are working long hours for low pay.

“They shouldn’t also have to face [a] threat of deportation if they speak up and do the right thing.”

7-Eleven has set up an independent panel to investigate the underpayments.

Gerard Baden-Clay Appeal 7th August 2015-UPDATED 8TH DECEMBER 2015

Featured


Mountains of stuff on here about the tragic death of Allison by her husband Gerard Baden Clay. To catch up here is a link to posts tagged with Allison below

http://aussiecriminals.com.au/?s=alison+baden+clay&submit=Search

ALSO feel free to use the menu up top to get the full picture.


From the moment Gerard Baden-Clay killed his wife Allison on April 19, 2012 – accidentally, Queensland’s highest court has now ruled – his focus was on just one thing: self-preservation.
His wife had vanished after going for a walk, he told the television cameras in the days after her disappearance, as he tearfully pleaded for her return.

In truth, he knew exactly where she was.

Under the Kholo Creek bridge, 13 kilometres from their home in Brisbane’s affluent west, where, under the cover of darkness on April 19, he drove her lifeless body and dumped it on the creek bed.

The presence of Allison Baden-Clay’s blood in the family Holden Captiva provided almost irrefutable proof that is what he did, while the scratches she left on his face as she fought him that night told investigators it was he who had killed her.

The foliage from their garden found in her hair told them he had done it at their Brookfield home.

The growing forensic evidence in the case overwhelmingly pointed to his guilt.

But Baden-Clay’s focus never wavered. It was self-preservation above all else.

Rather than confess he accidentally killed Allison after kayakers discovered her body on the creek bank, 10 days after she disappeared, he stood beside their three daughters at her funeral and played the grieving husband.

He protested his innocence when, six weeks later, detectives charged him with her murder and continued his protestations through his subsequent committal hearing and trial.

When Baden-Clay stood before a jury at his murder trial in 2014, he swore, under oath, he did not kill his wife.

Despite the physical evidence pointing to his guilt, the cocky prestige real estate agent who prided himself on his lineage to Scouts founder Lord Robert Baden-Powell had no doubt at the end of it all, he would be a free man.

So, it was a violently shaking Baden-Clay who sat in the Supreme Court dock after his trial jury returned their guilty verdict in 2014 and listened as Justice John Byrne sentenced him to life in jail.

His plan had failed. With a non-parole period of 15 years set, he was facing at least the next 13 years behind bars.

It was a time to try a change of tactic.

Just more than a year later, in the Queensland Court of Appeal, his lawyers publicly conceded for the first time that perhaps their client did kill his wife. Accidentally.

Defence counsel Michael Copley, QC, argued there was sufficient evidence available to conclude Allison died unlawfully but not to thrust it into the category of murder, which indicates some degree of intent.

“There was sufficient evidence available … that he had caused the death and done so unlawfully,” Mr Copley said.

“What evidence was there that elevated the case from unlawful killing to intentional killing?”

Queensland’s Acting Director of Public Prosecutions Michael Byrne, QC argued the extreme lengths Baden-Clay took to cover up his crime and the continual denials he was involved in his wife’s death elevated it out of the realm of manslaughter and into that of murder.

In the end, however, appeal judges Chief Justice Catherine Holmes, Justice Hugh Fraser and Justice Robert Gotterson had no choice but to agree with the defence argument.

While there was sufficient evidence to point to the now 44-year-old killing his wife of 15 years, the evidence did not prove beyond reasonable doubt that he had intended to do so.

They found the murder conviction was an “unreasonable verdict”.


 

update 01/02/16

DPP appeals Baden-Clay downgrade

Published: 01 February 2016

baden

Queensland DPP lodges submission appealing Gerard Baden-Clay’s downgraded conviction

The Queensland Director of Public Prosecutions (DPP) will today file a submission appealing the downgrade of Gerard Baden-Clay’s conviction from murder to manslaughter.

Baden-Clay was initially sentenced to life in prison for murdering his wife Alison in 2012, but the charge was since downgraded.

Today, the DPP will provide an outline of arguments as to why the High Court should reinstate Baden-Clay’s original murder conviction.

The Courier Mail also released an article today which reveals the opinion of a retired Supreme Court judge, who claims Queensland Court of Appeal “got it wrong”.

“The simple fact is the Court of Appeal got it wrong,” the former Supreme Court judge told the Courier Mail.

The judge’s identity has been concealed to avoid controversy.

More to come.


 

 update 30/12/15

QUEENSLAND’S Director of Public Prosecutions will appeal Gerard Baden-Clay’s manslaughter verdict.

Baden-Clay, who was last year sentenced to life in prison for murdering his wife Allison, had his murder conviction downgraded to manslaughter in a shock appeal ruling earlier this month, sparking community anger.

DPP Michael Byrne QC will make an application to the High Court seeking special leave to appeal the Court of Appeal decision.

The Courier-Mail exclusively revealed yesterday that Mr Byrne had privately told the Queensland Government he will appeal to the High Court to reinstate Baden-Clay’s murder conviction.

“I have been advised that the DPP intends to file the application when the High Court registry opens on Monday 4 January,” Queensland Attorney-General Yvette D’Ath said in a statement on Wednesday. (scroll down for her full statement)

This will give the DPP 28 days to lodge an outline of argument with the High Court.

The defence will then be given 21 days to outline its argument before the High Court schedules a date to hear the applications.

Mr Byrne had advised Allison’s family of the decision to appeal on Wednesday morning after finalising his decision on Tuesday, Ms D’Ath said.

In its shock ruling, the Court of Appeal argued the jury that convicted Baden-Clay of murder last year couldn’t have known beyond reasonable doubt that he intended to kill Allison.

The decision outraged the community, with more than 100,000 people signing an online petition requesting the Queensland Attorney-General to file an appeal.

Thousands of people have also gathered in Brisbane’s CBD over the past fortnight to protest against the manslaughter verdict

BADEN-CLAY: Case for murder revealed

 

FULL STATEMENT

Queensland Attorney-General Yvette D’Ath said today: “I have been advised that the Director of Public Prosecutions has advised the Dickie family this morning that he will be making an application to the High Court seeking special leave to appeal the recent Court of Appeal decision that saw Gerard Baden-Clay’s murder conviction downgraded to manslaughter. This has been the result of the DPP finalising his decision yesterday.

Thousands have attended a rally to protest the downgrading of Gerard Baden-Clay’s murder conviction.

“I have been advised that the DPP intends to file the application when the High Court registry opens on Monday 4 January 2016. The process then provides the DPP with 28 days to lodge an outline of argument with the High Court. The defence will then have a further 21 days to do the same.

“Subject to these processes being finalised, the High Court will then schedule a date to hear the applications.

“Given this legal process is underway, I will not be making any further comment in relation to this matter.

Gerard Baden-Clay and the high bar for prosecution

Updated about 3 hours ago

How is Gerard Baden-Clay able to argue that he might have killed his wife accidently, when, at trial, he denied having anything to do with her death? Arlie Loughnan explains the appeal court’s decision.

The Queensland Court of Appeal has upheld Gerard Baden-Clay’s appeal against conviction for the murder of his wife, Allison Baden-Clay. The court overturned the jury’s verdict that Baden-Clay was guilty of murder, and substituted a conviction of manslaughter for Allison’s death.

From the time of Allison Baden-Clay’s disappearance from her home, and the discovery of her body in April 2012, this case has attracted significant media attention. The crime and the trial coincided with increasing public awareness about family violence in general, and the deaths of women at the hands of their male partners in particular.

All the elements of the Baden-Clay case – the death of a much-loved woman with young children, and a middle-class family struck by infidelity, marriage problems, depression and debt – propelled the case to the front page in newspapers around the country.

Gerard Baden-Clay was tried for murder in 2014. As it was not possible to determine what caused Mrs Baden-Clay’s death, the trial hinged on circumstances surrounding her disappearance and death – the evidence of her blood in her car, the scratches on Gerard Baden-Clay’s face, and his account of his actions at around the time of the crime. A jury convicted Baden-Clay of Allison Baden-Clay’s murder. He was sentenced to life in prison and required to serve a minimum of 15 years’ jail time.

Baden-Clay appealed the decision. Arguing that the jury’s verdict was unreasonable, and questioning the trial judge’s summing up of the evidence, Baden-Clay sought to have his conviction overturned. Baden-Clay claimed that the jury could not have been satisfied to the criminal standard of proof – beyond reasonable doubt – that he had the necessary intent for murder.

In Queensland, murder requires a lethal act, and an intent to kill or commit grievous bodily harm. The issue on appeal was whether the evidence introduced at trial could support the jury’s conclusion that Allison Baden-Clay’s death was murder, not manslaughter – an unlawful killing that falls short of murder.

Allowing Baden-Clay’s appeal, the Queensland Court of Appeal concluded that the prosecution case had not ruled out the possibility that Gerard Baden-Clay killed his wife without intending serious harm, and that he disposed of her body at Kholo Creek, and lied about the causes of the marks on his face to cover up his actions. This meant that the jury’s conclusion that the killing was murder could not be sustained.

Although the finding that Baden-Clay was responsible for his wife’s death has not been questioned, his successful appeal has raised questions about our criminal justice system. It seems hard to understand how Baden-Clay is able to argue that he might have killed his wife accidently, when, at trial, he denied having anything to do with her death, and knowing nothing about how her body ended up at the creek.

It’s important to recall that, under our laws, the accused does not have to prove his innocence – it’s up to the prosecution to prove guilt. The presumption of innocence is a cardinal feature of our criminal justice system. It means that the accused person can test the case against him, and that his ‘defence’ can be that the prosecution have not made out the charge against him. This sets a high bar for the prosecution, but it is a protection against wrongful convictions.

Our criminal court system has to strike a balance between two fundamental goals. On the one side is the principle of finality – whereby a trial court’s adjudication of a matter concludes the legal issues for the accused and the victims. On the other side, the court system must also provide for review of any errors made by courts in trial or sentence.

This is where appeal courts come in – reviewing decisions where there may have been a mistake that affected the outcome, and safeguarding the high esteem in which our justice system is held.

The action of an appeal court overturning a jury decision is not that common, and does not cast doubt on the integrity and the value of jury decisions in criminal trials in general. Juries are central to the operation of criminal trials and the involvement of lay people in criminal justice is regarded as a positive feature of our system. Juries participating in criminal trials, and courts of appeal reviewing decision-making, are each key aspects of the legitimacy of our criminal laws and processes.

Arlie Loughnan is Associate Professor in Law at University of Sydney.

 

Major update 8th December 2015.

The day the Justice System proved it is BROKEN. please share your thoughts in the comments section!

 What justice? There’s none for Allison

NOW we know when a woman’s murder is not a murder.

It’s when a man who swore throughout his five-week trial that he had nothing to do with it and gets convicted of murder changes makes an appeal to argue his wife’s death was ‘unintentional’. And wins.

It seems incredible that while Gerard Baden-Clay insisted he had no hand in his wife’s 2012 death during a trial involving hundreds of witness statements, he can say on appeal that he did cause it — by accident — and be believed.

You can’t have it both ways — be completely uninvolved but also have killed someone — but now you can, apparently. What a joke.

Where is the justice in this decision for the dead mother of three young girls? Where are the consequences for a man who may now be free in five years.

The shock felt by those close to the late Mrs Baden-Clay as they learned her husband would get away with manslaughter is echoing across social media as Australians react angrily.

Many are justifiably struggling to believe that Queensland appeal judges found there was not reasonable evidence Baden-Clay intended to kill his wife because it wasn’t proven he meant to do it.

One Twitter user summed up the sentiments of many when he wrote: “That’s one small step for low-life, one giant leap backwards in the fight against domestic violence #endviolenceagainstwomen”.

How disgusting that just a few years is all a woman’s life is worth if the injuries on her body are not bad enough to implicate intent to kill or there’s not enough blood in the house to imply a struggle, or no recorded history of domestic violence.

Newsflash Queensland justice system: Many woman never report abuse, and can you blame them when they see outcomes such as this.

As Australia grapples with an epidemic of violence against women that has claimed an average two women’s lives a week this year, this verdict is an insult to every woman killed by a partner or ex.

It’s a mockery of the pain of relatives of dead women and a message to women living in fear of death at the hands of their partner that the justice system has holes the size of Uluru.

As Australian of the Year, Rosie Batty and former Victorian police chief Ken Lay have kept family violence high in the public consciousness in 2015, prompting grumbles about too much talk of it dominating media.

But with findings like this potentially opening the cell doors after an obscenely short stretch for someone who killed their partner can there ever be enough?

Gerard Baden-Clay may soon be free to resume normal life with the children he caused to be motherless. Allison is still dead.

The fight for real justice for victims of violence against women in Australia must now go up a gear. This finding shames the lot of us.

Gerard Baden-Clay: Murder conviction downgraded to manslaughter over death of wife Allison

Updated 22 minutes ago

Former Brisbane real estate agent Gerard Baden-Clay’s murder conviction for killing his wife Allison has been downgraded to manslaughter.

Court of Appeal Justice Hugh Fraser set aside the murder finding today.

During Baden-Clay’s appeal four months ago, his lawyers argued he panicked and unintentionally killed the mother-of-three during an argument at their home in Brookfield, in Brisbane’s west.

In delivering their findings, the Court of Appeal judges found that while Baden-Clay lied about the cause of the marks on his face and tried to hide his wife’s body, there was a reasonable hypothesis he was innocent of murder.

They found the jury could not be satisfied beyond reasonable doubt that the element of intent to kill or do grievous bodily harm had been proved.

Baden-Clay, 45, reported his wife missing in April 2012 and her body was found 10 days later beside a creek.

He was convicted last year and jailed for life, with a non-parole period of 15 years.

Baden-Clay’s lawyer Peter Shields said there was immense public interest in the case, and urged the public to read the findings before they criticise the decision.

“They were very considered reasons of a very experienced court,” he said.

“I do think the public understand that it is open justice.

“They can make their own view, based on the facts.”

Allison’s family said they were disappointed by the decision and remained supportive of the original findings of the court.

“[The family] await the legal process to play out in the hope that justice for Allison will be served,” a statement released by the Dickie family said.

“As always, the efforts of the family remain centred around the wellbeing of Allison’s daughters, who now face a further period of uncertainty.”

 FULL JUDGEMENT CAN BE READ BY CLICKING LINK BELOW

http://archive.sclqld.org.au/qjudgment/2015/QCA15-265.pdf


Appeal begins for Gerard Baden-Clay

Lawyers for Gerard Baden-Clay will argue his conviction was ‘unreasonable’

 

LAWYERS for Gerard Baden-Clay will today argue that his conviction for the murder of his wife Allison Baden-Clay should be quashed on the grounds it was ‘unreasonable’.

12.25pm: The appeal hearing has finished and the three judges have reserved their decision. They will give a written judgement, expected within three months.

12.23pm: Mr Copley, for Baden-Clay, said Allison’s blood in her car could have been from “some innocent incident” on another day.

12.21pm: Justice Catherine Holmes put to Mr Byrne the scenario that there had been an argument between Baden-Clay and his wife and that she had fallen, hit her head and died and that he had panicked.

“What’s wrong with that as a reasonable hypothesis,” Justice Holmes said.

Mr Byrne said the trial judge left murder open to the jury because there was such a long period of denials by Baden-Clay including his lengthy court testimony. Mr Byrne has concluded his arguments and defence barrister Michael Copley is addressing the court again.

12.05pm: Michael Byrne QC, the Acting Director of Public Prosecutions said the evidence suggested it was likely Allison was put in the third row of seating of her Holden Captiva and transported to Kholo Creek Bridge after a fatal attack.

“It’s a short series of dots to connect the proposition he drove her there but it is still not one that needed to be proven beyond reasonable doubt.”

He added that if the jury inferred the blood in her car was from after the fatal attack, it indicated there had been an injury to hide that may have been undetectable due to decomposition.

Olivia Walton, center, sister of convicted murderer Gerard Baden-Clay arrives at court wi

Olivia Walton, center, sister of convicted murderer Gerard Baden-Clay arrives at court with defence lawyer Penny White. Source: News Corp Australia

11.55am: Mr Byrne said the lack of conclusive opinion from experts on the finer scratches did not affect the jury’s ability to reach their verdict.

Moving on to the other defence arguments, Mr Byrne went through some of the key evidence against Baden-Clay.

He said the former real estate agent must have known of the possibility his wife and mistress would meet at a conference they were both to attend on the day he reported her missing.

“There are scratches to his face that were not there on the 19th (the day before she was reported missing).

“There is the leaf litter which is in our submission significant.”

The fact there were six different types of leaf all of which could be found in or adjacent to the couple’s property was a telling feature, he said.

When all the factors were put together, it was not necessary for the Crown to show Baden-Clay moved his wife’s body to the bridge for a murder verdict to be open.

11.44am: Gerard’s defence barrister has concluded his arguments and Michael Byrne QC, the Acting Director of Public Prosecutions, has begun addressing the court about the Crown case.

Mr Byrne, addressing the defence grounds for the appeal, said there had been evidence the broader marks on Baden-Clay’s face were older than the finer injuries.

It was open for the jury to accept the broader marks were from fingernails and the finer marks from a razor at a later time, and to infer Baden-Clay had attempted to disguise the scratch marks.

11.32am: Allison Baden-Clay’s death could have been from an unintentional killing arising out of an argument, making a murder conviction unreasonable, her husband Gerard’s defence barrister has told the court.

The argument could have been related to his affair with former staffer Toni McHugh and may have escalated to violence, resulting in the scratches on Baden-Clay’s face.

He was then left with a “dead wife”, and the situation of people knowing about the affair and his promises to Ms McHugh that he would leave his wife by July 1.

“And he’s panicked,” Mr Copley said.

“A jury could not rationally conclude he murdered his wife based on the fact he told a lie about how the injuries were inflicted.

“The possibility is open that everything he did in the days after the killing was attributable to panic.”

11.22am: Continuing his argument that the verdict was unreasonable, defence barrister Michael Copley said the couple’s daughters had not heard any screaming or fighting on the night and no blood was found in the house.

“There were scratches to his face but the contention is and was those scratches don’t reveal anything at all about the intention that he had when he was engaged in some sort of (altercation) with his wife.”

The scratches revealed only that Allison was “close enough” to inflict them and that there was some sort of altercation.

The “fact the doctor can’t determine the cause of death” was strongly in favour of a conclusion the death was other than intentional.

Prosecutors had argued the scratches were inflicted by Allison in self-defence “fighting for her life”.

But there were other possible explanations including that they were inflicted in anger or in the course of a struggle, Mr Copley said.

There was nothing to show if Alison had scratched her husband at the start or an argument or during the middle, with all possibilities open.

11.13am: The defence says the prosecution had asserted there was an accumulation of pressures on Baden-Clay, including from his long-running affair with his former staffer Toni McHugh.

But the evidence did not support that Baden-Clay was going to leave his wife, Mr Copley said.

“He told his wife in 2010 he no longer loved her. But…he didn’t act on the absence of love.

“He stayed in the marriage.”

The affair with Ms McHugh was discovered in 2011 and Baden-Clay still stayed at the home.

“The notion he was moving towards a departure from his wife is not sustainable.”

Prosecutors had also cited the business pressures on Baden-Clay and the fact he had borrowed money from friends and not paid them back.

“Sure there were financial pressures but my contention … is that hadn’t increased dramatically. That hadn’t changed substantially.”

11am: Baden-Clay’s defence barrister has told the court the murder conviction was unreasonable.

“What evidence was there that elevated the case from an unlawful killing to one of an unintentional killing?” Mr Copley said.

He said a premeditated killing had not been alleged, with prosecutors stating “there was uncharacteristic conduct engaged in by my client”.

There was no evidence of prior violence in the relationship and no evidence either party were abusers of illicit drugs or alcohol, he said.

10.50am: The next element of the appeal was that the jury should have been directed they needed to be satisfied beyond reasonable doubt Baden-Clay put his wife’s body at the creek where she was found, before they could rely on that conduct as capable of proving he killed his wife.

Justice Holmes asked Mr Copley: “How do you get there?”

“Why couldn’t you come to the conclusion he was the killer without needing to know how it was the body arrived at the creek?” Justice Holmes said.

“Why couldn’t he have called someone … to aid him to take the body away?”

Gerard Baden-Clay’s father Nigel arrives at court.

Gerard Baden-Clay’s father Nigel arrives at court. Source: News Corp Australia

10.45am: Before moving on to the other grounds of the appeal, Mr Copley concluded that experts had not agreed definitively that the smaller marks on Baden-Clay’s face were caused at a different time and by a different implement.

The jury had been invited to infer guilt from evidence which had not been established, he said.

“The evil of that is for all we know the leading of that circumstance could have … tipped the balance in favour of a verdict of guilt in the minds of some or all of the members of the jury. We just don’t know.”

10.30am: In terms of the timing of when the facial injuries occurred, an expert gave evidence at the trial that he could not separate the various injuries from photos, Mr Copley said,

“If the experts couldn’t say whether those injuries … had been inflicted at a different time … how could the jury have been capable of resolving (the matter)?”

The prosecution had to show the injuries on Baden-Clay’s face were inflicted at different times and by a different implement, otherwise there wasn’t a disguising element, he said.

Justice Catherine Holmes suggested both sides agreed at trial that the smaller red marks on Baden-Clay’s face were razor marks, as Gerard had said he cut himself shaving.

10:20am: Defence barrister Michael Copley QC opened the appeal by discussing injuries on Baden-Clay’s face.

He said prosecutors left it to the jury to conclude he tried to disguise scratches on his face by making further smaller injuries with a razor, and that this was evidence he had murdered his wife.

He says the evidence didn’t establish that the smaller marks on Baden-Clay’s face were made at a different time than larger scratches.

Gerard Baden-Clay’s sister Olivia Walton (centre) arrives at court with defence lawyers P

Gerard Baden-Clay’s sister Olivia Walton (centre) arrives at court with defence lawyers Peter Shields and Penny White. Source: News Corp Australia

Earlier: At least 150 people have gathered in the public gallery of the Banco court, a half an hour before Gerard Baden-Clay’s appeal.

Geoff and Priscilla Dickie, Allison Baden-Clay’s parents, are in the front row with s large family contingent wearing yellow ribbons.


 Gerard Baden-Clay: Court of Appeal reserves decision over murder conviction

7th August 2015

Allison Baden-Clay and Gerard Baden-Clay

The Court of Appeal in Brisbane has reserved its decision on a challenge against Gerard Baden-Clay’s murder conviction.

Lawyers appealing against Baden-Clay’s life sentence, with a 15-year non-parole period, for the murder of his wife Allison Baden-Clay in 2012 today said it was possible he unintentionally killed her.

The appeal decision will be handed down at a later date.

Ms Baden-Clay’s parents, Geoff and Priscilla Dickie, were among the 200 people present in court as legal counsel for the former real estate agent appeal on four grounds, namely that:

  • The verdict of murder was unreasonable;
  • A miscarriage of justice occurred because the jury was not directed on evidence relating to the presence of Allison’s blood in the car;
  • The trial judge erred in law in not directing the jury over evidence relating to the placement of Allison’s body at Kholo Creek;
  • The trial judge also erred in leaving to the jury that Baden-Clay attempted to disguise marks on his face by making razor cuts.

Barrister Michael Copley QC, who alongside high-profile solicitor Peter Shields, was representing Baden-Clay, argued the fourth appeal ground first.

There’re no injuries on the body consistent with an intentional killing.

Michael Copley QC, representing Gerard Baden-Clay

Police had noticed scratches on the right-hand side of Baden-Clay’s face when they visited the family’s rented Brookfield home in response to his triple-0 call in April 2012.

Baden-Clay insisted he had cut himself shaving, but experts told the court during the six-week trial, they were more “typical of fingernail scratches” not “a razor blade injury”.

Mr Copley questioned the crown’s claim that scratches on Baden-Clay’s face were signs of Allison fighting for her life.

He said the scratches revealed that Allison had been close enough to scratch her husband and that their relationship was not in good shape.

But he said the marks did not reveal why she scratched him.

Mr Copley said there were no injuries on Allison’s body consistent with an intentional killing, which he said favoured an unintentional killing.

“A jury could not rationally conclude that he murdered his wife based upon the fact he told a lie about how the injuries were inflicted,” he said.

“There’re no injuries on the body consistent with an intentional killing.”

Earlier in the appeal hearing, Mr Copley argued that experts could not say whether two sets of marks on Baden-Clay’s face occurred at different times or were made by different implements, yet the jury was asked to do so.

“The jury was invited to infer a path of guilt to murder on the basis of conduct the evidence did not establish the appellant engaged in,” Mr Copley said.

Prosecutor Michael Byrne, who was acting for the Crown, said an expert did testify at trial that marks to Baden-Clay’s face were done at different times and open to the jury to consider.

He said medical witnesses were entitled to use their common sense and experience, and jurors were entitled to decide for themselves.

Mr Byrne said a lack of conclusive evidence from the experts was not prohibitive for the jury to act on.

‘No evidence that there had ever been violence between the parties’

In arguing the first point of the appeal, that the verdict of murder was unreasonable, Mr Copley said: “There was no evidence in this case that there had ever been violence between the parties.”

Mr Copley said part of the Crown’s argument at trial was that pressure from Baden-Clay’s mistress contributed to Allison’s death.

He said evidence in regard to Baden-Clay’s intentions concerning his wife and mistress were at best equivocal.

He said the notion that Baden-Clay was moving towards a departure from his wife was not sustainable from evidence at trial.

Mr Copley then moved on to financial pressures.

“Sure there were financial pressures … but they hadn’t increased substantially, they hadn’t changed dramatically,” he said.

Allison Baden-Clay was last seen on April 19, 2012.

Her husband reported her missing the next day, sparking a major police and SES search.

Ten days later her body was found on the banks of the Kholo Creek at Anstead.

Suspicion centred on Baden-Clay but it was not until nearly seven weeks later he was arrested and charged.

He has always maintained his innocence.

Baden-Clay was not at today’s hearing.

He remains at Wolston Correctional Centre where he has been since last year’s sentencing.

More on this story:

  • Baden-Clay launches appeal against murder conviction
  • Allison Baden-Clay’s family detail their pain and devastation
  • Allison Baden-Clay murder: family members detail pain and devastation in statements to court

    Timeline: Baden-Clay murder trial

    By Josh Bavas and staff

    Tue 15 Jul 2014, 2:53pm

    Former Brisbane real estate agent Gerard Baden-Clay has been found guilty of murdering his wife Allison in April 2012.

    Her body was found on a creek bank 10 days after her husband reported her missing from their home in nearby Brookfield.

    Baden-Clay was charged with murdering his wife and interfering with a corpse, pleading not guilty to both charges.

    And so began a month-long trial involving hundreds of witness statements and garnering massive public interest.

    Take a look back at how Allison Baden-Clay’s disappearance and the resulting murder trial unfolded.

    April 20, 2012

    Gerard Baden-Clay calls police about 7:30am to report his wife missing.

    Police seek public help to find 43-year-old Allison Baden-Clay, reported missing since the previous night.

    Authorities say she was last seen at her house on Brookfield Road wearing grey tracksuit pants and a dark top.

    April 22, 2012

    Inspector Mark Laing confirms Gerard Baden-Clay crashed his car into a bus terminal outside Indooroopilly Shopping Centre.

    April 23, 2012

    A major incident room is set up at Indooroopilly police station for investigation into Allison Baden-Clay’s disappearance.

    Her parents make a public appeal for help to find their daughter.

    Allison’s mother Priscilla Dickie makes an emotional plea to the media.

    “Please, please help us to find our dear Allison,” she said.

    Police ask local residents to search their properties for even the smallest piece of information.

    Superintendent Mark Ainsworth says Allison Baden-Clay’s disappearance is being treated as a missing person case; not a criminal investigation.

    He says Gerard Baden-Clay is not a person of interest.

    Allison Baden-Clay’s father Geoff Dickie praises efforts of police and SES in trying to locate his daughter over the previous weekend.

    “We are overwhelmed by the support in trying to locate Allison,” he said.

    “Please help us because there are three beautiful little girls – of Allison’s – wanting to see their mother as soon as possible.”

    April 24, 2012

    Gerard Baden-Clay speaks to the media outside his house.

    “I’m trying to look after my children at the moment, we’ve got three young girls. We really trust that the police are doing everything they can to find my wife,” he said.

    April 26, 2012

    A prayer vigil is held for Allison.

    Reverend Beverley Bell from the Anglican Parish of Kenmore says it is a difficult time for the community.

    “Just not knowing what’s happened and there’s that sense of helplessness; what can we do?” he said.

    Detectives seize bags of material from the Baden-Clay house and Gerard Baden-Clay’s office.

    April 27, 2012

    Brisbane police step up efforts to find Allison Baden-Clay by setting up a mannequin outside her family home at Brookfield.

    The mannequin is wearing clothing similar to what the 43-year-old was in when she was last seen by her husband.

    Emergency crews widen their search area.

    April 28, 2012

    Allison Baden-Clay has been missing for more than a week.

    Police say they still have few leads despite the major investigation.

    Gerard Baden-Clay releases a brief statement to media thanking the public for their support, saying his priority is the welfare of his wife and their three daughters.

    April 30, 2012

    A canoeist discovers a woman’s body on a creek bank under Kholo Bridge Crossing at Anstead in Brisbane’s west, 11 days after Allison Baden-Clay disappeared.

    Police remove the body and confirm they are now treating Allison Baden-Clay’s disappearance as a homicide investigation.

    Investigators wait for formal identification.

    Superintendent Mark Ainsworth says police are taking seriously the possibility that the body belongs to Allison Baden-Clay and her family is notified.

    “They’re devastated. You can’t explain it any other way,” he said.

    Police appeal for information from anyone who may have seen anything in the area the night she disappeared, including either of the family’s cars.

    May 1, 2012

    Police confirm the body found is that of Allison Baden-Clay.

    Superintendent Mark Ainsworth says her death is officially being treated as a murder investigation.

    “At this stage we are looking at an unlawful homicide investigation – we have been looking at that for some time now; we believe it has reached that level some time ago,” he said.

    Gerard Baden-Clay says he is devastated by the loss of his wife.

    In a statement released by his lawyer, Baden-Clay says his primary concern now is the care of his three daughters.

    He says he just wants to provide his children with some stability and normality given the tragic news and despite “the unrelenting media barrage”.

    A few kilometres away at Kenmore, Baden-Clay’s parents emerge from their home and lower their Australian flag to half mast.

    Neighbours do the same before they all hug each other in grief.

    Meanwhile, a SIM card is discovered in bushland near the search area.

    May 2, 2012

    Police say they are confident they will find the killer of Allison Baden-Clay.

    Investigators say a mobile phone SIM card found at the scene has no link to the case.

    Police say a post-mortem examination on the body will determine the next phase of the investigation.

    Gerard Baden-Clay asks the media for privacy and to let police do their investigations.

    May 10, 2012

    Police are stationed at a roundabout near the Baden-Clays’ Brookfield home.

    Police set up a roadblock on Brookfield Road and speak to drivers, hoping to glean information which may help with their investigation.

    Detectives want to hear from anyone driving in the area the night before Allison Baden-Clay was reported missing.

    May 11, 2012

    A funeral service is held at St Paul’s Anglican Church at Ipswich, west of Brisbane.

    Hundreds of mourners come to pay their respects, including Allison’s immediate family and husband Gerard Baden-Clay.

    Her sister Vanessa Fowler says there are still many questions left unanswered about the circumstances surrounding the 43-year-old’s death.

    “We, your family, pledge to you that we will have these questions answered. We will bring you justice because you deserve nothing less,” she said.

    “Allison, your loss has been felt throughout the entire country by people who do not know you.”

    Mourners are asked to donate to an appeal to support the Baden-Clays’ three young daughters.

    The cause of her death remains unknown.

    May 18, 2012

    Police again say they are confident they will make an arrest over her murder, four weeks after she was reported missing by her husband.

    Police say the killing was not random and the killer was known to Allison but they are yet to make an arrest.

    It is believed police are still awaiting autopsy and toxicology results to confirm her cause of death.

    May 25, 2012

    Police say they are continuing to examine a wide range of evidence.

    May 29, 2012

    Detectives investigating receive the toxicology results but will not release them publicly.

    June 13, 2012

    Gerard Baden-Clay talks to police at the Indooroopilly police station for several hours.

    His lawyers say he is expected to be charged with her murder later tonight. They say he is devastated and will vigorously defend the charge.

    Baden-Clay tells police Allison disappeared after going for a late night walk from their home.

    He is remanded in custody, formally interviewed and charged with murder and interfering with a corpse.

    June 14, 2012

    Gerard Baden-Clay appears in Brisbane Magistrates Court charged with murder, about two months after first reporting his wife missing.

    Prosecution grants a forensic order to allow police to obtain a DNA sample from him.

    His lawyers say the charges will be vigorously defended, and lodge a bail application in the Supreme Court.

    Residents around Brookfield tell the media of their shock.

    June 21, 2012

    Gerard Baden-Clay’s bail application begins in the Supreme Court.

    June 22, 2012

    Gerard Baden-Clay loses his bail application in the Supreme Court with Justice David Boddice saying the accused posed a significant flight risk.

    Prosecutor Danny Boyle earlier argued that Baden-Clay had a financial motive for killing his wife and also cited entries in Allison’s journal suggest the couple may have discussed an affair he had been having with a co-worker.

    Mr Baden-Clay’s barrister, Peter Davis SC, says the Crown’s case is circumstantial and weak.

    June 24, 2012

    A fundraiser is held for Baden-Clay’s three daughters.

    Mike Kaye from the Brookfield Uniting Cricket Club says the fundraiser is important to the family.

    “It’s an opportunity for Allison’s parents Geoff and Priscilla and brothers and sisters to thank the community for their support and also for all those who were out there searching,” he said.

    July 9, 2012

    The case returns to Brisbane Magistrates Court for a hearing.

    Magistrate Chris Callaghan says he is “flabbergasted” upon hearing it will take five months for police to fully examine the financial affairs of Gerard Baden-Clay.

    The court hears there will be 330 statements tendered to the defence but the prosecution says it will not have a forensic accountant’s report until November.

    The prosecution has been ordered to provide most of the brief of evidence to Baden-Clay’s lawyers within six weeks.

    September 3, 2012

    The matter returns to court where Baden-Clay’s lawyers express frustration that prosecutors still have not provided them with all of the witness statements.

    Prosecutor Danny Boyle tells the court 446 witness statements have already been provided to defence team but five statements, described as crucial, remain outstanding.

    The prosecution is ordered to provide outstanding documents by the end of the week.

    September 5, 2012

    A Supreme Court Judge, Justice Glenn Martin, gives Allison’s father Geoffrey James Dickie temporary control of her estate, including her life insurance policy.

    If Baden-Clay is acquitted of his wife’s murder he will resume his role as executor of her will.

    If he is convicted, Allison’s parents will be able to go back to court for a permanent order granting them control of their daughter’s estate.

    December 14, 2012

    Gerard Baden-Clay’s defence lawyer lodges a bail application in Supreme Court for the second time.

    His lawyer argues the Crown case has been weakened by the results of a post-mortem examination.

    They say it shows Allison Baden-Clay had traces of an anti-depressant drug in her blood – leaving open the possibility that she took her own life.

    But Justice Peter Applegarth dismisses the application, ruling there was no material change of circumstances and the strength of Crown case was unaffected by the results.

    February 6, 2013

    The Federal Court orders nearly $800,000 from two life insurance policies for Allison Baden-Clay will be held in trust by the court.

    Justice John Dowsett agrees the court should hold the money until after Gerard Baden-Clay faces trial.

    March 11-20, 2013

    Gerard Baden-Clay’s committal hearing begins.

    The Crown alleges Baden-Clay killed his wife because he wanted her insurance payouts to clear his debts and to be with his mistress.

    The court hears his wife had suffered from depression and had used medication to cope and that her marriage was troubled.

    Witnesses tell the court about hearing a woman yell the night Allison disappeared.

    A forensic expert says he believes injuries to Gerard Baden-Clay, which were photographed by police after he reported his wife missing, were caused by fingernail scratches.

    Allison’s friend Kerry Anne Walker is the first of more than 40 witnesses to testify.

    Queensland MP Dr Bruce Flegg tells the court he heard a woman scream on the night before Allison was reported missing.

    Speaking outside the court, Dr Flegg explains his decision not to report it to police that night, saying: “There was nothing to suggest it would be a criminal or police related matter.”

    Dr Flegg says he has known Gerard Baden-Clay “for a long time”.

    A senior Queensland Health forensic expert says some of Baden-Clay’s facial injuries may have been scratch marks but says it is possible some were caused by shaving.

    Two former real estate partners testify Baden-Clay was in debt and was warned to leave his wife or mistress or he would lose their business association.

    Queensland Police Service forensic accountant Kelly Beckett tells court Gerard Baden-Clay’s net financial position was about $70,000 and he owed more than $300,000 to family and friends.

    Baden-Clay’s former mistress Toni McHugh tells the court he told her to lay low in the days after his wife’s disappearance and that he could not afford a divorce.

    His lawyer says he is determined to clear his name.

    Outside court, Baden-Clay’s sister Olivia Walton defends her brother after speaking to the media for the first time.

    “Gerard is an innocent man and I’m here because I continue to support him,” she said.

    Outside court, Baden-Clay’s lawyer Darren Mahony says he believes the cross-examination of 40 witnesses went in his client’s favour.

    “We’re of the view that the evidence against Mr Baden-Clay has been significantly weakened by cross-examination during the court process,” he said.

    December 19, 2013

    Supreme Court Justice James Douglas argues marriage counsellor Ms Carmel Ritchie from Relationships Australia should give evidence at a pre-trial hearing about anything said during counselling sessions.

    Ms Ritchie tries to prevent evidence from the sessions being used in court, arguing it is protected by confidentiality provisions of the Family Law Act.

    February 3-4, 2014

    Gerard Baden-Clay’s re-trial hearing begins in Supreme Court.

    The court hears from pathologist Dr Nathan Milne who conducted the autopsy on Allison Baden-Clay.

    Counsellor Carmel Ritchie also gives evidence, saying Allison told her she had taken an anti-malarial tablet during her honeymoon that had caused psychotic episodes, depression and panic attacks.

    Ms Ritchie tells the court Allison spoke of: her husband’s affair with an employee; how she had confronted him when she found out; and he was now honest and taking responsibility.

    Ms Ritchie also speaks of a separate counselling session with Gerard Baden-Clay where they discussed the affair.

    June 2, 2014

    The pre-trial hearing continues.

    The court hears potential jurors will be polled prior to their selection and will be asked:

  1. If they or their immediate family lived in Anstead, Bellbowrie, Brookfield or Chapel Hill in April 2012;
  2. If they have ever contributed funds relating to the disappearance or death of Allison Baden-Clay;
  3. Whether they have ever expressed a view as to the guilt or innocence of Gerard Baden-Clay.
  • June 9, 2014

    A jury of seven men and five women, plus three reserves, is selected.

    June 10, 2014

    The murder trial begins.

    Gerard Baden-Clay officially pleads not guilty in the Supreme Court to murdering his wife more than two years ago.

    Justice John Byrne tells jury members to ignore all media coverage of the case during the next four weeks.

    July 9, 2014

    After a month-long trial, the prosecution and the defence finish wrapping up their final arguments.

    Justice John Byrne begins summing up the case for the jurors.

    July 15, 2014

    Baden-Clay is found guilty of murder.

Flowers for Allison, may justice has been served

Flowers for Allison, may justice has been served

Robert Emmett, judges’ son, likely to avoid jail after conviction for child abuse material


Oh how sweet it is to have family like this sick bastard has. The black sheep from one of Australia’s most distinguished families of judges is likely to avoid jail, despite being convicted of possessing child abuse material. Possession of 10,000 sickening images as well as sneaking around trying to up-skirt while “He tied his shoelaces” Friggin pathetic, as if his family ties have not been laid bare in this case.

Updated 56 minutes ago

Robert Emmett was arrested for possessing more than 10,000 child abuse images.

Robert Emmett was arrested for possessing more than 10,000 child abuse images

A former teacher from one of Australia’s most distinguished families of judges is likely to avoid jail, despite being convicted of possessing child abuse material.

Robert Emmett, son of NSW Court of Appeal judge Arthur Emmett and Federal Circuit Court judge Sylvia Emmett, was arrested in 2013 for possessing more than 10,000 child abuse images, some involving bestiality, pain and humiliation.

Emmett’s grandfather is Sir Laurence Street, former Chief Justice of the NSW Supreme Court, a position also held by his father Sir Kenneth Street and his father Sir Philip Street.

Robert Emmett, a former maths teacher at St Andrew’s Cathedral School, today pleaded guilty to charges that included filming the private parts of children and possessing child abuse material.

In the NSW District Court, a sentencing judge said Emmett was remorseful and had no prior convictions.

The court heard Emmett walked around St Andrew’s filming some students on his camera phone and, on one occasion, pretended to tie his shoelace while crouching down to film up a girl’s dress at Town Hall Station in the CBD.

Some images in the ‘worst category of abuse’

District Court judge Ian McClintock said some of the images found in Emmett’s possession were in the “worst category of abuse”, involving pain, bestiality and humiliation and that some involved children as young as four.

The court heard the images were photos and videos, but it was not clear how he acquired all of them.

“There is no evidence the child abuse material was for anything but personal use,” the judge said, adding that some of the images were disturbing.

He said Emmett secretly videoed three schoolgirls aged 14.

“In my view it is a significant aggravating feature that the offender was a school teacher,” the judge said, noting that Emmett abused his position of trust.

He referred to the “significant violation” of the students’ rights.

Judge McClintock said Emmett’s family was not aware of his activities and that the 38-year-old had a good support network to help with his rehabilitation.

The court heard Emmett was remorseful, timid and shy and would need to be in a high level of protective custody in jail.

It heard the publicity surrounding the case had been humiliating for the offender and his family.

“He’s lost his career,” the judge said.

“Nothing other than a sentence of imprisonment is warranted.”

But Judge McClintock emphasised a sentence of less than two years was appropriate and therefore the offender is suitable to be assessed for an Intensive Correction Order — meaning he may be able to serve his sentence in the community.

Emmett remained on bail and will return to court in July.

He faced a maximum sentence of 10 years for possessing child abuse material and a maximum of five for filming a person’s private parts.

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